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An act for the reliefe of such loyall persons as have suffered losse by the late
rebels (1677)

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In February 1677, the General Assembly passed a law mandating the return of all property taken
from loyal subjects during Bacon's
Rebellion (1676–1677). In addition, loyal subjects could collect debts from
the estates of those convicted of treason for participating in the rebellion, and all
seditious speech would be punished.

Transcription from Original

WHEREAS severall horses, sloopes, boates, armes, servants,
slaves, and other goods during the tyme of the late horrid rebellion, hath been
seized, taken away, and unlawfully plundered from severall of his majesties good and
lawfull subjects by the rebels in armes and actuall rebellion, and by divers others
the ayders, abettors and complices of the said rebellion, and by them converted to
their owne use, or imbezelled, hidden, sould or given away, or lost in the custody,
possession or keeping of others to their owne use, or used to the great hindrance,
losse, hurt and damage of his majesties leige people, the severall owners thereof;
Bee it declared and enacted, and it is declared and enacted by
the governour, councill and burgesses of this grand assembly, and by the authority
thereof, that every person and persons whatsoever, that have any such goods
in their possession, either by takeing, seizing or plundering the same themselves
from the loyall party, or that have beene taken and sould to them by any of the said
rebells or their complices, their ayders or abettors, or by them, or any of them,
left in their hands possession or keeping, that they and every of them respectively,
in whose hands soever such horses, sloopes, boates, armes, servants, slaves or other
goods unlawfully taken, and put into their hands as aforesaid either now are or
hereafter shalbe, doe three severall court dayes following in the severall and
respective counties, where they re-

— page 382 —

side put up at the courthouse in faire writeing, a
publication thereof intimateing the markes, quantityes, and qualityes of all and
every such horse and horses, sloopes, boates, armes, servants, slaves or other
goods., to the end the right owner may have notice thereof and clayme the same, or
that they forthwith deliver the same to the right owners. And for the better
discovery of the owners thereof, the severall clerkes of each county court, be
enjoyned to take a lyst or inventory of all such horses, sloopes, boates, armes,
servants, slaves, or other goods, and the persons names who have them in possession,
and transmit the same to the clerke of the next generall court, to be sett up and
published at the next generall court, and whosoever shall fayle, and shall not make
delivery to the owners, or shall not make such publication as is aforesaid of all and
every such horses, sloopes, boates, armes, servants, slaves, or other goods which
they have or shall have in their possession, and which were soe taken as is before
recited, the persons soe fayling or concealing such horse or horses, sloopes, boates,
armes, servants, slaves, or other goods to the value of two shillings shall be held
deemed and arraigned guilty of fellony and punished as fellons. And
be it further enacted by the authority aforesaid, that whatsoever horse or
horses, sloopes, boates, armes servants, slaves, cattle, sheepe, hoggs, goods or
merchandizes, have beene at any tyme taken away, seized, plundered or removed from
any of his majesties loyall subjects by any person already executed, or which shall
be executed for treasons, that all and every such horse and horses, sloopes, boates,
armes, servants, slaves, cattle, sheepe, hoggs, goods or other merchandizes shalbe
restored to the true owners, or the value thereof recoverable from the estates of
such convicts. And be it further enacted by the governour, councill
and burgesses of this grand assembly, and by the authority thereof, that
whatsoever horses, armes, horse furniture, sloopes, or boates, any person or persons
which being in the right honourable the governours service have taken from any of
those that were in actuall rebellion and hostillity against the kings majestie and
his lawfull governour here in Virginia, and doe properly belonge to such as have
continued loyall, that the same be restored to the owners

— page 383 —

or in case of refuseuall, that the owners have their actions
at law against the possessor for the same, and in case of delivery to the right
owner, or recovery at law of such horse or horses, armes, horse furniture, sloope or
boate, or any one or more of them, that a certificate be given by some one justice of
the peace to the person who delivered up the same, or from whome the same shall be
recovered at law, intimating the value thereof when delivered or recovered, which
being returned to the next assembly, care shalbe taken for his or their reward soe
delivering up to the right owner, such horse or horses, armes, horse furniture,
sloope or boate or which shall by law be adjudged to the right owner. And whereas severall persons creditors to such who have for
their late rebellion and treason beene justly arrained, convicted and executed, and may yett be arraigned, convicted and executed, have
made humble suite to this grand assembly, that they may recover and receive out of
the said convicts estate, such debts as were justly due unto them from such person
and persons before the commission of such crimes, rebellions and treasons, on which
they already are, or hereafter shalbe convicted, Bee it therefore
enacted by this present grand assembly, and by the authority thereof, and it is
hereby enacted, that all loyall persons whatsoever may recover and receive
out of the estate of all such persons already convicted their just debts due to them
from any such person before the commission of such crime, rebellion or treason, for
which they already or hereafter shalbe convicted, any law, custome, grant or usage to
the contrary notwithstanding. And it is most humbly hoped his majestie will
gratiously please to ratifye and confirme this law for the encouragement of his
subjects, and ease of their greate sufferings. And be it further
enacted by the governour, councell and burgesses of this grand assembly, and by
the authority thereof, and it is hereby enacted that all persons that have
assumed any title or command in this late most horrid rebellion, or that have
excepted any command, or was eminent in giveing councell or advice, or have beene
eminently, ayding, assisting or encourageing the said rebellion, that all and every
such person and persons be, and are hereby made for ever hereafter uncapable of
beareing any office, civill or military within

— page 384 —

this colony other then the office of a constable or surveyor
of the high wayes, excepting such who by their tymely returne to their duty and
allegiance have assisted in the suppression of the said rebellion. Provided alsoe, that this exception shall not extend to include Joseph
Ingram, Gregory Walklett and George Millner, nor any person nor persons whatsoever
that did beare any command in the said rebellion at the tyme when Westpoint was surrendered; but that
they and every of them herein nominated, meant or intended, be for ever hereafter
utterly uncapable of bearing any office civill or military, other then constable or
surveyor of the high wayes. And for the punishment of vice and prevention of evill
example for the tyme to come; Bee it further enacted by this
present grand assembly, and by the authority thereof, and it is hereby
enacted, that whatsoever justice of the peace shall become soe notoriously
scandalous upon court dayes at the court house, to be soe farre overtaken in drinke
that by reason thereof he shalbe adjudged by the justices, holding court to be
uncapable of that high office, and place of trust proper and inherent in a justice of
peace, shall for his first such offence be fined five hundred pounds of tobacco and
caske, and for his second such offence be fined one thousand pounds of tobacco and
caske, for his third such offence be fined two thousand pounds of tobacco and caske,
and shall alsoe loose and forfeite his place and office of a justice, and his
commission taken from him, and that all such fines be to the use of the county. And be it further enacted by this grand assembly, and by the
authority thereof, that such ministers as shall become notoriously scandalous
by drunkingnesse, swearing, ffornication or other haynous and crying sins, and shall
be thereof lawfully convict, shall for every such their haynous crime and
wickednesse, the ffirst time forfeite to the parish or parishes wherein he or they
soe offending shalbe benificed, the one halfe of one yeares sallary and dues, and the
same for a second tyme he shalbe convicted, and if any minister offitiating in any
parish shalbe three tymes convicted of any such haynous crime and wickednesse before
mentioned, that he be forever hereafter made uncapable of offitiating in any office
or ministeriall ffunction in any parish in this co-

— page 385 —

lony. And for the prevention of seditious and scandulous
libells, the usuall fore runners of tumult and rebellion. Bee it
enacted by this present grand assembly, and the authority thereof, and it is
hereby enacted, that if any person or persons, not being a women covert shall
presume to speake, write, disperse or publish by words, writeing or otherwise, any
matter or thing tending to rebellion, or in favour of the late rebells or rebellion,
and shall thereof be lawfully convict, then such persons for the ffirst such offence
shall be fined one thousand pounds of tobacco and caske, and stand upon the pillory
two howers with capitall letters of their crimes affixed on their foreheads or
brest, and for such second offence pay double the ffine and stand in the pillory two
howres with capitall letters of their crimes fixed as aforesaid, and for the third
such offence be prosecuted as a rebell and a tratour to his most sacred majestie. And
if any woman covert that comitt such offence as is before recited, then to be whipped
on the bare back with twenty lashes, for the ffirst offence, and for the second
offence thirty lashes, except she can redeeme herselfe from the said corporall
punishments by payment of the ffine or ffines before mentioned, for such first and
second offences. And be it further enacted, that if any woman
under covert shall a third tyme commit such offence, to be prosecuted against as a
rebell and traytor to his most sacred majestie. And whereas it hath beene frequent for
rude and ill disposed persons to contemne and revile authority and magistrates, as
well in words as in actions; Bee it therefore enacted by this
present grand assembly, and by the authority thereof, that all and every
person and persons that shall from the tyme to come presume to speake and utter
mutinous or contemptuous words, or shall by any wayes or meanes abuse the right
honourable the governour
or any of the councell, justices of the peace or commissionated militia officers, and
shall be thereof lawfully convict, shall for his such offence, if against the right
honourable the governour, be whipped on the bare back with thirty lashes, or pay
eight hundred pounds of tobacco and caske, if against any of the honourable councell,
that then he shalbe whipped on the bare back with twenty fowre lashes, or pay six
hundred pounds of tobacco and caske, and if

— page 386 —

against any justice of the peace or comissionate feild
officer, then to be whipped on the bare back with twenty lashes, or pay fowre hundred
pounds of tobacco and caske, and the like for such second offence, being likewise
thereof lawfully convict. And if any person or persons, male or female, shall be
convicted a third tyme of such mutany or contemptuous or vilifying words writeing or
otherwise, abuseing or scanduliseing the right honourable the governour or any of
the honourable councell or any justice of the peace or commionated militia ffield
officer, then to be whipped on the bare back with thirty nine lashes, and stand in
the pillowry two howers, or pay double the before recited ffines, all which said
ffines as aforesaid shalbe and belong the one halfe to the informer, if he shall sue for the same, and the other halfe to the county, where the
offending party then dwells or resides, which said ffines to be levyed by distresse
or otherwise, and collected or destrayned for by the sherriffe or collector for the
publique and county levyes. And be it further hereby enacted
that the justices of every respective county court be, and are hereby impowered,
enjoyned, and obleiged to put this law into effectuall execution upon the penalty of
paying double such fines and forfeitures herein meant and intended for every such
offence in case they shall refuse, or neglect to put this law into effectuall
execution. And whereas by a branch of an act of assembly made
in March last, liberty is granted to all persons to carry their armes wheresoever
they goe, which liberty hath beene found to be very prejudiciall to the peace and
wellfaire of this colony. Bee it therefore further enacted by this
present grand assembly, and the authority thereof, and it is hereby enacted,
that if any person or persons shall, from and after publication of this act, presume
to assemble together in armes to the number of five or upwards without being legally
called together, that for such convention, or assembling together in armes the number
of ffive or upwards, they be held deemed and adjudged as riotous and mutinous, and
that they be proceeded against and punished accordingly.

Author

General Assembly

Transcription Source

William Waller Hening, ed.,The Statutes at Large; Being a
Collection of all the Laws of Virginia from the First Session of the Legislature,
in the Year 1619 (New York: R. & W. & G. Bartow, 1823),
2:381–386.